Grantsville planning commission recommends Arby’s conditional‑use permit with fence and delivery conditions after neighbor objections

The Grantsville Planning Commission on Aug. 25 recommended approval of a conditional‑use permit for an Arby’s restaurant in the city’s CN (neighborhood commercial) zone, imposing conditions including an 8‑foot precast concrete perimeter fence and restricted delivery hours.

Neighbors at the public hearing said the project, which has already begun construction, will worsen traffic and noise and could send trash into adjacent yards. Gary Picker, a nearby resident, said the newest site plan “addresses the traffic issues” compared with an earlier proposal but asked, “Who issued a building permit to a project that isn’t legally permitted inside the city limits yet?”

The commission’s staff acknowledged a mistake in how the project was processed. A staff member said they had misread the code and treated the use as permitted when it is conditional in the CN zone, and that they notified the city manager, mayor and attorney after discovering the error.

Several residents described practical impacts they fear. Janina Warburton, who said her property borders the Arby’s site, objected to a drive‑through on Race Street because of long delays turning onto Main Street, and warned of increased lighting, noise and trash blowing into yards. “It takes forever in the morning,” she said, describing morning and late‑night traffic delays. Jeanie Wetshar said construction and overnight hood cleanings already disturb her sleep and asked whether a privacy wall would be provided.

The developer’s on‑site representative, identified only by first name, Sean, said the restaurant’s typical operating hours would be about 9 a.m. to 11 p.m. (extended to midnight in summer) and that deliveries are handled by a distributor that could accommodate a night‑drop or an alternative schedule. He said hood cleaning can be scheduled outside sensitive hours if neighbors prefer.

Commissioners pressed for mitigation tied to the city’s land‑use code. One commissioner cited chapter 16.1 and chapter 9 on buffer yards and compatibility, and recommended a masonry (precast concrete) privacy fence at the property line to reduce noise, light and litter impacts. Commissioners also discussed conditions on delivery times and trash management; planning staff and a regulatory advisor told the commission that the developer likely has some vested reliance because construction began after the staff error and that the commission should approve the CUP unless there is an unmitigable detrimental impact.

A motion to recommend approval carried after a recorded roll call in the transcript showing 'Trans Sterling — aye,' 'Debbie Dwyer — aye,' and 'Mayor Dalton — nay.' The motion, as stated on the record, included the listed conditions plus an 8‑foot precast concrete fence, delivery restrictions between 6 a.m. and 8 a.m., and garbage pickup timing to occur after 8 a.m. The record does not include a full roll-call listing for every commissioner; the motion was forwarded to city council for final action.

Next steps: The recommendation will go to the Grantsville City Council for consideration and final decision.